Full question:
My daughter rented a room in Lacey, Washington but lost her job in July. Her rent was 500.00 for a room in a house. She paid rent up until Sept 2009. The landlord wants to charge her late fees and the rent for about $1100.00. They let her stay up until Feb 1 2010. But did not tell her about the late fees they were going to charge her. They say that she is almost family and encourage her to find a job to pay the rent. The stress increased so she move back to Colorado. Is this legal and what legal rights does my daughter have?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Colorado
Answer:
The answer will depend on the length of the lease, or whether the daughter was a tenant-at-will, the lease terms, and whether any written notices were given. Generally, if the lease doesn't allow for early termination, the tenant may be liable for the remaining term of the lease. However, if there was no current lease in force, the tenant is considererd a month-to-month tenant-at-will and WA statutes require 20 days' written notice to terminate a tenancy.
Any claim you may will likely be governed by contract law. The terms of your contract with the landlord will generally determine your rights and obligations as well as those of the landlord. You should carefully review the terms of the contracts involved to determine your rights and obligations in regard to late fees.
The following is a portion of a WA statute:
Sec. 4 RCW 59.18.200 and 2003 c 7 s 1 are each amended to read as
follows:
(1)(a) When premises are rented for an indefinite time, with monthly or
other periodic rent reserved, such tenancy shall be construed to be a
tenancy from month to month, or from period to period on which rent is
payable, and shall be terminated by written notice of twenty days or
more, preceding the end of any of the months or periods of tenancy, given
by either party to the other.
(b) Any tenant who is a member of the armed forces, including the
national guard and armed forces reserves, or that tenant's spouse or
dependant, may terminate a rental agreement with less than twenty days'
notice if the tenant receives reassignment or deployment orders that do
not allow a twenty-day notice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
